Creating a Will After Having a Baby

Creating a Will After Having a Baby

After having a baby, one of the biggest priorities that a parent has is how they can protect their child under all circumstances. Unfortunately, this protection extends beyond the parents’ abilities if they pass away before their children reach adulthood. What can parents do when this is the case? You want to always be able to look after your children even if you are not around. One of the best ways you can do this is by creating a will. This can help ensure you have someone in place as a guardian for your child and that you have any assets or finances set aside for your child in the future. A good wills and trusts lawyer, like a wills and trusts lawyer in Sacramento, CA, knows that this is not an easy discussion, but one that you and your spouse or partner should have. Contact an attorney now for more information. 

What should I expect a will to do for my family?

One of the biggest pieces of the puzzle if you died before your child became a legal adult is wondering who will be there to take care of your child. If you have a good relationship with your child’s other parent and they are capable of raising the child, or you are married to their parent, naturally your partner will be the one to continue raising them after you pass away. However, what happens if this is not the case? In the end, the court makes the decision who will have custody of your child. That said, you can name someone (or more than one person) as the legal guardian of your child if you believe they would have your child’s best interest at heart. The court takes this into consideration when choosing your child’s legal guardian.

What are my options with naming a guardian?

This is a very personal choice, but very important. When considering who you would want to take care of your child until they reach legal age, you want to consider factors such as:

  • Their living situation
  • Their moral or religious beliefs
  • Their parenting style
  • If they live close to any of your family members
  • If they will love your child and care for them 

Can I leave assets to my child?

You can, though it may not get to them how you would expect. A child does not inherit property from a person’s will. Instead, a custodian must handle what you leave to your child. Further, it is possible to leave money or finances in your will that can help take care of your child’s education or medical expenses if you are not alive. Otherwise, your child can typically begin using the money you leave to them by the time they reach legal age. 

Creating a will that takes care of your child is extremely important and you should not feel that it is a sad thing to do. Instead, know that you are setting your child up for success in the event that you are unable to watch them grow up. To see how we can help, please contact an attorney for more information. 

Thanks to Yee Law Group, PC for their insight into creating a will after having a baby. 

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